Del. Betsy Carr

Exhaust systems; excessive noise. Prohibitsany individual from operating a motor vehicle with a gross weightof 10,000 pounds or less with an exhaust system that emits noise equivalentto noise in excess of 85 decibels measured from a distance of 50 feet.The bill also allows the governing body of any county, city, or town located within the Northern Virginia Planning District to provideby ordinance that no person shall operate any motor vehicle on a highway or on public or private property within 500 feet of any residential district unless such motor vehicle is equipped with an exhaust systemof a type installed as standard equipment, or comparable to thatdesigned for use on that particular vehicle or device as standardfactory equipment, in good working order and in constant operationto prevent excessive noise. The bill also requires the Superintendentof State Police to promulgate regulations for the inspection of motorvehicles to ensure that no motor vehicle is equipped with a guttedmuffler, muffler cutout, or straight exhaust or any mechanical orelectronic device that creates or amplifies noise emitted by themotor vehicle that is louder than the noise emitted by such motor vehicle as originally manufactured.

Water quality; consideration of economic orsocial development. Requires the State Water Control Board toanalyze the economic or social impact on residents who and communitiesthat have historically been economically or socially disadvantagedwhen considering any project or development that would constitutea new or increased discharge of effluent into high quality water.

Constitutional amendment (second reference);marriage; repeal of same-sex marriage prohibition; affirmative rightto marry. Repeals the constitutional provision defining marriageas only a union between one man and one woman as well as the relatedprovisions that are no longer valid as a result of the United StatesSupreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealthand its political subdivisions and agents to issue marriage licenses,recognize marriages, and treat all marriages equally under the law,regardless of the sex or gender of the parties to the marriage. Religiousorganizations and clergy acting in their religious capacity havethe right to refuse to perform any marriage.

Public institutions of higher education; admission, in-state tuition, and tuition waivers; members of certain AmericanIndian tribes. Requires each public institution of higher educationto establish and implement an admissions policy whereby a certainnumber of annual offers of student admission is reserved for individualswho are members of a state-recognized or federally recognized American Indian tribe that is headquartered in the Commonwealth. The billdeclares eligible for in-state tuition charges regardless of domicileany non-Virginia student who is a member of a state-recognized or federally recognized American Indian tribe that is headquarteredin the Commonwealth. The bill also provides that any student whois a member of a state-recognized or federally recognized AmericanIndian tribe headquartered in the Commonwealth and who has been admittedto a public institution of higher education is eligible for a tuitionwaiver up to the amount necessary to cover the last-dollar cost ofthe institution's in-state tuition and mandatory fees after all other federal and state financial aid to which the student is entitledis taken into account.

Family caregiver tax credit. Creates a nonrefundableincome tax credit for taxable years 2022 through 2026 for expensesincurred by an individual in caring for an eligible family member,defined in the bill, who requires assistance with one or more activitiesof daily living, also defined in the bill. The credit equals 50 percentof eligible expenditures incurred by the caregiver up to $1,000. Inorder to qualify for the credit, the family caregiver must (i) notreceive any compensation or reimbursement for the eligible expendituresand (ii) have federal adjusted gross income that is no greater than$100,000 for an individual or $200,000 for married persons. The billrequires the Tax Commissioner to establish guidelines for claimingthe credit and provides that any unused credit may be carried forwardby the taxpayer for five taxable years following the taxable yearfor which the credit was issued. The bill is a recommendation ofthe Joint Commission on Health Care.

Tribal nations; acknowledging harmful historyand policies in the Commonwealth. Expresses the sense of theHouse of Delegates in acknowledging with profound regret the existence, acceptance, and perpetuation of the dispossession of lands and theracist and assimilationist policies designed to erase the identity,culture, and sovereignty of tribal nations in the Commonwealth.

Constitutional amendment (first reference);taxation and finance; longtime owner-occupant tax relief program.Directs the General Assembly to implement a tax relief program bywhich longtime owner-occupants of real property are granted a totalor partial exemption from local real property taxation of real estatethe market value of which has increased as a consequence of the refurbishmentor renovation of other residences or the construction of new residencesin long-established residential areas or areas of deteriorated, vacant,or abandoned homes and properties.

Continuing care providers; requirements for providers; complaint process; report. Requires continuing care providers to include in continuing care contracts between the provider and residents of a continuing care retirement community a description of (i) the resident emergency call systems and other safety-based services, (ii) the criteria for and requirements and procedures applicable to the transfer of a resident between levels of care provided by the provider, and (iii) information about policies and procedures for use of the facility and its services, including any check-in procedures, by residents as well as nonresidents. The bill also guarantees the right of residents to post information about residents' rights in the facilities of the continuing care retirement community and requires a continuing care provider to include on the board of directors or other such governing body of a continuing care retirement community a number of residents that is equal to or greater than 20 percent of the total number of members of the board of directors, or at least one resident, whichever is greater, who shall be elected by the residents of the continuing care retirement community, and to provide a copy of the bylaws of the board of directors or other such governing body to all residents of the continuing care retirement community. The bill also requires the State Corporation Commission to establish a means by which any person may make a complaint regarding a continuing care retirement community or community-based continuing care provider; establish a process for responding to complaints regarding a continuing care retirement community or community-based continuing care provider, including procedures to ensure that the person who filed the complaint receives information regarding the status of such response and the final resolution of the matter; and report annually by October 1 to the Governor and the Chairmen of the House Committees on Appropriations and Labor and Commerce and the Senate Committees on Finance and Appropriations and Commerce and Labor regarding the complaint process and the number, type, and resolution of complaints received.

Packaging Stewardship Program and Fund; StewardshipAdvisory Committee; established. Establishes the Packaging StewardshipProgram, administered by the Department of Environmental Quality. Under the Program, a producer that sells products with packagingmaterials in the Commonwealth pays a fee to the Department based upon the amount of packaging used and whether or not it is easilyrecyclable. A producer may establish an alternative collection programto offset some or all of the fees. The fees are paid into the Packaging Stewardship Fund, established in the bill, and are used to reimburseparticipating localities for expenses related to recycling, investin recycling infrastructure and education, and pay administrativecosts related to the Program. The bill authorizes the Departmentto contract with a third party to administer the Program. The billalso establishes a Stewardship Advisory Committee, with 23 membersappointed by the Director of the Department, to oversee implementationof the Program.

Commending Virginia Polytechnic Institute andState University.